Borden v. Vance

Filing 21

MEMORANDUM OPINION as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 11/25/14. (SPT )

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FILED 2014 Nov-25 PM 03:20 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION JOSEPH MICHAEL BORDEN, Plaintiff, vs. JOYCE WHITE VANCE, Defendant. ) ) ) ) ) Case No. 5:13-cv-02130-CLS-TMP ) ) ) ) MEMORANDUM OF OPINION The magistrate judge filed a report and recommendation on October 29, 2014, recommending that this action filed pursuant to Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971) be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) for failing to state a claim upon which relief may be granted. (Doc. 20). No objections have been filed to the report and recommendation. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court is of the opinion that the magistrate judge’s report is due to be, and it hereby is, ADOPTED, and the recommendation is ACCEPTED. Accordingly, the complaint is due to be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) for failing to state a claim upon which relief may be granted. A Final Judgment will be entered. DONE this 25th day of November, 2014. ______________________________ United States District Judge 2

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